Burial and Cremation Regulations 2025
41Register of exclusive rights of burial
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41 Register of exclusive rights of burial
(1) In this regulation –
closed entry means an entry in the register that is not an open entry;
open entry means an entry in the register in respect of an exclusive right of burial if –
(a) all persons entitled to be buried under that exclusive right of burial have been buried; or
(b) the exclusive right of burial has expired;
register means the register of exclusive rights of burial kept under subregulation (2) .
(2) A cemetery manager must keep a register of all exclusive rights of burial granted for the cemetery.
Penalty: Fine not exceeding 20 penalty units.
(3) For each exclusive right of burial granted for the cemetery, the cemetery manager must ensure that the following details are entered in the register:
(a) the name of the person holding the exclusive right of burial;
(b) the name of all persons entitled to be buried under the exclusive right of burial, where known;
(c) if appropriate, a description of all classes of persons entitled to be buried under the exclusive right of burial;
(d) the number or other identifier of each plot in the cemetery, or portion of the cemetery, in respect of which the exclusive right of burial has been granted.
Penalty: Fine not exceeding 20 penalty units.
(4) The following persons are entitled to inspect a closed entry in the register at any reasonable time:
(a) an authorised officer;
(b) a person who is –
(i) the holder of the exclusive right of burial in respect of which the entry in the register was made; or
(ii) a person with authority to act on behalf of that holder;